Everything about Judicial Restraint totally explained
Judicial restraint is a theory of
judicial interpretation that encourages
judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they're obviously unconstitutional.
(External Link
) It is sometimes regarded as the opposite of
judicial activism.
In deciding questions of
constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible.
Related theories
Minimalism
Judicial minimalists argue that judges should put great emphases on adherence to
stare decisis and
precedent. Minimalists argue that judges should make only minor, incremental changes to constitutional law in order to maintain that stability. They ask judges to do this by creating small, case-specific rulings rather than broad, sweeping rulings.
Political question doctrine
The
political question doctrine encourages courts to decline to rule in certain categories of controversial cases. Under this theory, a court acknowledges that the Constitution might have been violated but declines to act. It is often described as a type of judicial restraint, although it can be considered a form of judicial activism against plaintiffs whose rights have been violated and find their cases dismissed.
Further Information
Get more info on 'Judicial Restraint'.
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